McLean v. Canada

McLean v. Canada
Court (s) Database
Federal Court Decisions
Date
2022-01-31
Neutral citation
2022 FC 104
File numbers
T-2169-16
Decision Content
Date: 20220131
Docket: T-2169-16
Citation: 2022 FC 104
Ottawa, Ontario, January 31, 2022
PRESENT: The Honourable Mr. Justice Phelan
CLASS PROCEEDING
BETWEEN:
GARRY LESLIE MCLEAN,
ROGER AUGUSTINE,
CLAUDETTE COMMANDA,
ANGELA ELIZABETH SIMONE SAMPSON,
MARGARET ANNE SWAN AND
MARIETTE LUCILLE BUCKSHOT
Plaintiffs
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by THE ATTORNEY GENERAL OF CANADA
Defendant
ORDER
WHEREAS this Court issued the Orders of Settlement Approval and Fee Approval on August 19, 2019, and in doing so, approved that $7,000,000 be payable in trust for post-Implementation legal services provided by Class Counsel to Survivor Class Members;
WHEREAS the Order of Fee Approval, dated August 19, 2019, directs Class Counsel to seek this Court’s approval on a quarterly basis to transfer a specified amount of money from trust to pay Class Counsel’s fees, disbursements and applicable taxes;
AND UPON the Plaintiffs bringing the within motion in writing to approve payment of the legal fees, disbursements, and taxes for legal services performed by Class Counsel between July 1, 2021 to September 30, 2021;
THIS COURT ORDERS that:
The fees and disbursements, inclusive of HST, for post-Implementation legal services provided by Class Counsel between July 1, 2021 to September 30, 2021, is hereby approved in the amount of $532,475.24; and
The above amount may be withdrawn from the funds held in trust as settled pursuant to Sections 13.02 to 13.04 of the Settlement Agreement and the Order of Fee Approval, dated August 19, 2019.
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“Michael L. Phelan”
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Judge